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Appeal of an interim accommodation order

This recommended change to the child protection guidelines proposed creating a specific guideline to clarify the application process for a grant of assistance that is available for a child or parent to appeal or respond to an appeal against an interim accommodation order.

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Proposal

Currently an appeal against an interim accommodation order is not explicitly covered by Victoria Legal Aid’s State family guidelines but is able to be funded as a matter arising from and closely associated with a legally aided matter.

Applications for legal assistance for interim accommodation order appeals are submitted as a ‘Civil Miscellaneous’ matter and must be fully assessed by Victoria Legal Aid on a case-by-case basis.

This proposal would create a specific guideline to clarify the application process for a grant of assistance that is available for a child or parent to appeal or respond to an appeal against an interim accommodation order. This would formalise and streamline the process for seeking a grant of assistance for an interim accommodation order appeal.

Stakeholder feedback

This proposal was supported by the stakeholders who commented on it. It was noted that the change would formalise and streamline the process.

Action – new appeal against interim accommodation order guideline

We have proceeded with the introduction of a specific guideline for appeal of an interim accommodation order.

See the state family guidelinesExternal Link .

More information

Read about the other proposals:

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 18 March 2022

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